[2022] KEHC 10285 (KLR)
The court exercised its supervisory jurisdiction under Article 165(6) and (7) of the Constitution to call for the trial court file for perusal before making any substantive orders on the applicant's requests for bond, transfer of the case, and setting aside of the trial court's orders. The court found it necessary...
Source-derived case information.
- Citation
- [2022] KEHC 10285 (KLR)
- Parties
- Applicant: Geoffrey Atsiaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Interlocutory Application
- Outcome
- Interim orders issued; matter to be mentioned for further directions after perusal of lower court record.
- Judges
- WM Musyoka
- Legal Topics
- Bail and Bond, Transfer of Proceedings, Supervisory Jurisdiction, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Geoffrey Atsiaya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to grant of bond pending trial.
- 2 Whether the criminal case should be transferred from one magistrate to another.
- 3 Whether the orders made by the trial court on 22nd November 2021 should be set aside.
Ratio Decidendi
The court exercised its supervisory jurisdiction under Article 165(6) and (7) of the Constitution to call for the trial court file for perusal before making any substantive orders on the applicant's requests for bond, transfer of the case, and setting aside of the trial court's orders. The court found it necessary to review the lower court record to determine whether the applicant's rights to fair administration of justice had been compromised and to decide if any directions or orders were warranted. No final determination was made on the substantive prayers until the record is reviewed.
Court Disposition
Interim orders issued; matter to be mentioned for further directions after perusal of lower court record.
Orders
- The Deputy Registrar is directed to call for the trial records in Kakamega CMCCRC No. 1995 of 2020.
- The matter shall be mentioned on 29th July 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Atsiaya v Republic (Miscellaneous Criminal Application E001 of 2021) [2022] KEHC 10285 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10285 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E001 of 2021
WM Musyoka, J
June 24, 2022
Between
Geoffrey Atsiaya
Applicant
and
Republic
Respondent
Ruling
1. The Motion herein, dated 12th January 2022, principally seeks grant of bond, transfer of a case from one trial court to another and vacation of orders made by the trial court on 22nd November 2021.
2. The applicant is an accused person in Kakamega CMCCRC No. 1995 of 2020. That is the suit that he would like to have transferred from the Magistrate trying him to another Magistrate, and to set aside orders made in that case on 22nd November 2021.
3. In exercise of the discretion given to me by Article 165(6) (7) of the Constitution, with respect to supervision of subordinate courts, I do hereby call for the file in Kakamega CMCCRC No. 1995 of 2020 for perusal for the purpose of considering whether I should give any orders or directions in that matter to ensure fair administration of justice, based on the application that the applicant before me.
4. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Kakamega CMCCRC No. 1995 of 2020.
5. The matter shall be mentioned on 29th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF JUNE 2022W M MUSYOKAJUDGEErick Zalo, Court Assistant.Geoffrey Atsiaya, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.